Call for change to awards to children injured at birth

"There will not be enough money in 10 to 15 years’ time to pay for the costs of looking after children who are catastrophically injured at birth, an expert in medical negligence has warned.

Michael Boylan, a partner at Augustus Cullen Law which specialises in taking medical negligence cases, said the current system of one-off payments was a “wholly inaccurate exercise prone to serious error”.

Mr Boylan has urged the Government to push through proposals to replace the current once-off lump sum system for children who are severely injured as a result of medical negligence with an annual payment reflecting the cost of care.

He was part of a working group set up by the President of the High Court to examine the matter. In November last year, the group handed over a report to the then minister for justice Dermot Ahern along with a draft bill. The report recommended that the ban on annualised payments be scrapped.

Since then, at least a dozen major cases are “in limbo” because the High Court is making interim awards pending the introduction of new legislation, said Mr Boylan.

He said the introduction of new legislation was a “no-brainer” and would end the worries for many families who have children whose care will cost millions over their lifetime.

Mr Boylan will be one of the speakers at a conference on catastrophic birth and child injuries hosted by the Action against Medical Accidents (AvMA), the patient safety and justice charity, at the Radisson Blu Royal Hotel in Dublin tomorrow."

Govt considers change from lump-sum to annual compensation payments

The Irish Examiner – Wednesday, May 11, 2011

"The Government is considering changing the system by which people receive compensation in medical negligence cases.

At the moment, those who successfully take a case against the State for injuries or permanent damage caused by a medical error are awarded a lump sum payment in compensation.

But it is thought the periodic payment system – which is used in the UK – could soon be introduced here.

The proposal is just one of the topics on the agenda at a conference taking place in Dublin later today called “Catastrophic Birth and Child Injuries”.

Solicitor and partner with Augustus Cullen Law, Michael Boylan, explained that the periodic system allowed for annual payments linked to inflation and care costs to be paid every year for the patient’s life.

He said it would be a more equitable and more accurate way to assess patients who had been catastrophically injured"